Citation NR: 9717201
Decision Date: 05/21/97 Archive Date: 05/29/97
DOCKET NO. 94-27 459 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUE
Entitlement to service connection for the cause of the
veteran's death.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
James A. Pritchett, Associate Counsel
INTRODUCTION
The veteran served on active duty from July 1952 to July
1955, and died on February[redacted] 1995.
This appeal arises from a June 1995 decision by the
Cleveland, Ohio, Department of Veterans Affairs (VA) Regional
Office (RO) that denied service connection for the cause of
the veteran's death.
REMAND
The record indicates that the veteran was service-connected
for varicose veins of the left lower extremity, evaluated as
30 percent disabling, and for prostatitis, evaluated as
noncompensably disabling, at the time of his death. He died
on February[redacted] 1995.
The death certificate, signed by James R. Pritchard, D.O.,
the Stark County Coroner, states that the cause of death was
cardiac arrhythmia due to or as a consequence of
hypertension. The death certificate also states that left
leg varicosities were a significant condition contributing to
death but not resulting in the underlying cause of death. No
autopsy was performed.
Neither the Coroner’s Investigation Report, also signed by
Dr. Pritchard, nor the death certificate contains a
recitation of the reasons and bases for the opinion that the
service-connected disability contributed to the veteran's
death.
For the reasons set out above, the issue is remanded to the
RO for the following actions:
The RO should contact Dr. James R.
Pritchard, of the Stark County, Ohio,
Coroner, and request that he provide a
detailed statement of the medical reasons
and bases for his opinion that the
veteran's varicosities of the left lower
extremity contributed to his death.
After completion of the above development, the appellant's
claim should be further reviewed. If the determination is
adverse, the appellant and her representative should be
provided with a supplemental statement of the case and given
the appropriate opportunity to respond thereto. Thereafter,
the claims file, including the above requested evidence,
should be returned to this Board for appellate review, if in
order. No action is required by the appellant until she
receives further notice.
The purpose of this remand is to procure clarifying data.
The Board intimates no opinion, either legal or factual, as
to the ultimate disposition of the appeal.
WAYNE M. BRAEUER
Member, Board of Veterans' Appeals
38 U.S.C.A. § 7102 (West Supp. 1996) permits a proceeding
instituted before the Board to be assigned to an individual
member of the Board for a determination. This proceeding has
been assigned to an individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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